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SALERNO v. LEICA, INC.

No. 00-CV-0598C(F).

139 F.Supp.2d 377 (2001)

Walter A. SALERNO, Plaintiff, v. LEICA, INC., Defendant.

United States District Court, W.D. New York.

February 22, 2001.

Attorney(s) appearing for the Case

Kavinoky & Cook, LLP (Joseph J. Welter, of counsel), Buffalo, NY, for Plaintiff.

Bond, Schoeneck & King, LLP (Robert A. Doren, of counsel), Buffalo, NY, for Defendant.

INTRODUCTION

CURTIN, District Judge.

Under the civil enforcement provision of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132, plaintiff Walter Salerno ("Salerno") commenced this action to collect severance benefits that he claims are owed to him by his former employer, defendant Leica, Inc. ("Leica"). Leica argues that Salerno's ERISA claims are barred by the doctrine of res...

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